Cross-Complaint for Indemnity In a Lawyer Malpractice Lawsuit
In Munoz v. Davis (1983) 141 Cal. App. 3d 420 [190 Cal. Rptr. 400], the client, who had been injured in an auto accident, retained a lawyer to sue the other driver, then sued the lawyer for malpractice when he failed to file a timely complaint against the driver.
The lawyer, in turn, cross-complained against the driver for indemnity.
Division Seven of our court affirmed an order dismissing the cross-complaint, explaining that the lawyer's malpractice caused an injury distinct from the injury caused by the driver and that, therefore, they were not jointly and severally liable. (Id. at pp. 425-430.)